BILL NUMBER: AB 1883	CHAPTERED  09/29/00

	CHAPTER   920
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 10, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 29, 2000
	AMENDED IN SENATE   JUNE 21, 2000
	AMENDED IN SENATE   JUNE 7, 2000
	AMENDED IN ASSEMBLY   MARCH 20, 2000

INTRODUCED BY   Assembly Member Lowenthal
   (Principal coauthor:  Senator Karnette)

                        FEBRUARY 10, 2000

   An act to amend Sections 4850 and 4850.3 of the Labor Code,
relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1883, Lowenthal.  Workers' compensation:  disability benefits
for airport law enforcement officers and harbor and port police.
   Existing workers' compensation law provides that certain peace
officers, firefighters, and other specified state and local public
employees are entitled to a leave of absence without loss of salary
while disabled by injury or illness arising out of and in the course
of employment.  This leave of absence is in lieu of temporary
disability payments or maintenance allowance payments otherwise
payable.
   This bill would extend this provision to specified airport law
enforcement officers, harbor and port police officers, wardens, and
special officers.
   This bill would incorporate additional changes in Section 4850 of
the Labor Code proposed by AB 1124 and SB 2081, to become operative
only if those bills are enacted, as specified, and become operative
on or before January 1, 2001, and this bill is enacted last.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any person listed in subdivision (b) who is a
member of the Public Employees' Retirement System or the Los Angeles
City Employees' Retirement System or subject to the County Employees
Retirement Law of 1937 (Chapter 3 (commencing with Section 31450) of
Part 3 of Division 4 of Title 3 of the Government Code), is disabled,
whether temporarily or permanently, by injury or illness arising out
of and in the course of his or her duties, he or she shall become
entitled, regardless of his or her period of service with the city,
county, or district, to a leave of absence while so disabled without
loss of salary in lieu of temporary disability payments or
maintenance allowance payments under Section 139.5, if any, which
would be payable under this chapter, for the period of the
disability, but not exceeding one year, or until that earlier date as
he or she is retired on permanent disability pension, and is
actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
   (11) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a) and does not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
  SEC. 1.3.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any person listed in subdivision (b) who is a
member of the Public Employees' Retirement System or subject to the
County Employees Retirement Law of 1937 (Chapter 3 (commencing with
Section 31450) of Part 3 of Division 4 of Title 3 of the Government
Code), is disabled, whether temporarily or permanently, by injury or
illness arising out of and in the course of his or her duties, he or
she shall become entitled, regardless of his or her period of service
with the city, county, or district, to a leave of absence while so
disabled without loss of salary in lieu of temporary disability
payments or maintenance allowance payments under Section 139.5, if
any, which would be payable under this chapter, for the period of the
disability, but not exceeding one year, or until that earlier date
as he or she is retired on permanent disability pension, and is
actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Custody assistants employed on a regular, full-time basis by
a county of the first class.
   (11) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
   (12) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a) and does not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
  SEC. 1.5.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any person listed in subdivision (b) who is a
member of the Public Employees' Retirement System or subject to the
County Employees Retirement Law of 1937 (Chapter 3 (commencing with
Section 31450) of Part 3 of Division 4 of Title 3 of the Government
Code), is disabled, whether temporarily or permanently, by injury or
illness arising out of and in the course of his or her duties, he or
she shall become entitled, regardless of his or her period of service
with the city, county, or district, to a leave of absence while so
disabled without loss of salary in lieu of temporary disability
payments or maintenance allowance payments under Section 139.5, if
any, which would be payable under this chapter, for the period of the
disability, but not exceeding one year, or until that earlier date
as he or she is retired on permanent disability pension, and is
actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
   (11) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
   (12) Police officers of the Los Angeles Unified School District.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a) and does not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
  SEC. 1.7.  Section 4850 of the Labor Code is amended to read:
   4850.  (a) Whenever any person listed in subdivision (b) who is a
member of the Public Employees' Retirement System or subject to the
County Employees Retirement Law of 1937 (Chapter 3 (commencing with
Section 31450) of Part 3 of Division 4 of Title 3 of the Government
Code), is disabled, whether temporarily or permanently, by injury or
illness arising out of and in the course of his or her duties, he or
she shall become entitled, regardless of his or her period of service
with the city, county, or district, to a leave of absence while so
disabled without loss of salary in lieu of temporary disability
payments or maintenance allowance payments under Section 139.5, if
any, which would be payable under this chapter, for the period of the
disability, but not exceeding one year, or until that earlier date
as he or she is retired on permanent disability pension, and is
actually receiving disability pension payments, or advanced
disability pension payments pursuant to Section 4850.3.
   (b) The persons eligible under subdivision (a) include all of the
following:
   (1) City police officers.
   (2) City, county, or district firefighters.
   (3) Sheriffs.
   (4) Officers or employees of any sheriff's offices.
   (5) Inspectors, investigators, detectives, or personnel with
comparable titles in any district attorney's office.
   (6) County probation officers, group counselors, or juvenile
services officers.
   (7) Officers or employees of a probation office.
   (8) Peace officers under Section 830.31 of the Penal Code employed
on a regular, full-time basis by a county of the first class.
   (9) Lifeguards employed year round on a regular, full-time basis
by a county of the first class.
   (10) Custody assistants employed on a regular, full-time basis by
a county of the first class.
   (11) Airport law enforcement officers under subdivision (d) of
Section 830.33 of the Penal Code.
   (12) Harbor or port police officers, wardens, or special officers
of a harbor or port district or city or county harbor department
under subdivision (a) of Section 830.1 or subdivision (b) of Section
830.33 of the Penal Code.
   (13) Police officers of the Los Angeles Unified School District.
   (c) This section shall apply only to persons listed in subdivision
(b) who meet the requirements of subdivision (a) and does not
include any of the following:
   (1) Employees of a police department whose principal duties are
those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly fall
within the scope of active law enforcement service.
   (2) Employees of a county sheriff's office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (3) Employees of a county probation office whose principal duties
are those of a telephone operator, clerk, stenographer, machinist,
mechanic, or otherwise, and whose functions do not clearly come
within the scope of active law enforcement service.
   (4) Employees of a city fire department, county fire department,
or fire district whose principal duties are those of a telephone
operator, clerk, stenographer, machinist, mechanic, or otherwise, and
whose functions do not clearly fall within the scope of active
firefighting and prevention service.
   (d) If the employer is insured, the payments which, except for
this section, the insurer would be obligated to make as disability
indemnity to the injured, the insurer may pay to the insured.
   (e) No leave of absence taken pursuant to this section by a peace
officer, as defined by Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, shall be deemed to constitute
family care and medical leave, as defined in Section 12945.2 of the
Government Code, or to reduce the time authorized for family care and
medical leave by Section 12945.2 of the Government Code.
  SEC. 2.  Section 4850.3 of the Labor Code is amended to read:
   4850.3.  A city, county, special district, or harbor district that
is a member of the Public Employees' Retirement System, is subject
to the County Employees Retirement Law of 1937, or is subject to the
Los Angeles City Employees' Retirement System, may make advanced
disability pension payments to any local safety officer who has
qualified for benefits under Section 4850 and is approved for a
disability allowance.  The payments shall be no less than 50 percent
of the estimated highest average annual compensation earnable by the
local safety officer during the three consecutive years of employment
immediately preceding the effective date of his or her disability
retirement, unless the local safety officer chooses an optional
settlement in the permanent disability retirement application process
which would reduce the pension allowance below 50 percent.  In the
case where the local safety officer's choice lowers the disability
pension allowance below 50 percent of average annual compensation as
calculated, the advanced pension payments shall be set at an amount
equal to the disability pension allowance.  If a local agency has an
adopted policy of paying for any accumulated sick leave after the
safety officer is eligible for a disability allowance, the advanced
disability pension payments under this section may only be made when
the local safety officer has exhausted all sick leave payments.
Advanced disability pension payments shall not be considered a salary
under this or any other provision of law.  All advanced disability
pension payments made by a local agency with membership in the Public
Employees' Retirement System shall be reimbursed by the Public
Employees' Retirement System pursuant to Section 21293.1 of the
Government Code.
  SEC. 3.  Section 1.3 of this bill incorporates amendments to
Section 4850 of the Labor Code proposed by both this bill and AB
1124.  It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) SB 2081 does
not amend Section 4850 of the Labor Code, (3) each bill amends
Section 4850 of the Labor Code, and (4) this bill is enacted after AB
1124, in which case Sections 1, 1.5, and 1.7 of this bill shall not
become operative.
  SEC. 4.  Section 1.5 of this bill incorporates amendments to
Section 4850 of the Labor Code proposed by this bill and SB 2081.  It
shall become operative if (1) both bills are enacted and become
effective on or before January 1, 2001, (2) AB 1124 does not amend
Section 4850 of the Labor Code, (3) each bill amends Section 4850 of
the Labor Code, and (4) this bill is enacted after SB 2081, in which
case Sections 1, 1.3, and 1.7 of this bill shall not become
operative.
  SEC. 5.  Section 1.7 of this bill incorporates amendments to
Section 4850 of the Labor Code proposed by this bill, AB 1124, and SB
2081.  It shall only become operative if (1) all three bills are
enacted and become effective on or before January 1, 2001, (2) each
bill amends Section 4850 of the Labor Code, and (3) this bill is
enacted after AB 1124 and SB 2081, in which case Sections 1, 1.3, and
1.5 of this bill shall not become operative.
